Powers of Municipalities FAQ 10

What are the differences between cities and villages?

While the powers of cities and villages are similar, there are differences in the way they are organized. Since 1933, villages have had the same broad statutory home rule powers to change the structure of their local government or exercise corporate powers as cities (Wis. Stat. secs. 61.34(1) (villages) and 62.11(5) (cities)).

Most state or federal grants-in-aid or shared revenue laws distinguish between local general purpose units of government on the basis of population or need rather than on legal nomenclature. Therefore, although statutory differences still exist between the basic structures and powers of city and village government, the distinctions tend to become blurred with the passage of time and local ordinances.

In April 2008, the Wisconsin Joint Legislative Council created the Special Committee on Differences in Laws Applicable to Cities and Villages. The Committee was tasked with reviewing the laws pertaining to cities and villages, other than those relating to the fundamental organizational structure of each, to identify inconsistencies in the laws governing cities and villages that exist without any apparent policy rationale. A year later, the Committee issued its report. The legislature subsequently enacted 2009 Wis. Act 173, which eliminated many minor statutory differences between cities and villages that lacked an apparent purpose.

Many laws that read as if they are applicable only to cities, are made applicable to villages by other statutes. Examples include sec. 62.23 (zoning) which is made applicable to villages by sec. 61.35, and secs. 66.1105 (tax increment law), 66.1201 to 66.1329 (housing authorities and urban redevelopment) and 66.1331 to 66.1337 (blight elimination and community development authorities) which are made applicable to villages by sec. 66.1339.

The following is a summary of some differences between Wisconsin cities and villages:

In cities, when district boundaries are coterminous, the office of alderperson may be consolidated with the office of county supervisor. In villages, only the office of village president may be so combined. Wis. Stat. sec. 66.0503(1)(a). A village changing to a city would not, however, thereby acquire greater representation on the county board, since supervisory districts are based on population. Sec. 59.10(3).

Mayors have more power than village presidents. A mayor has veto power, is the city’s chief executive officer and is the head of the police and fire departments, except in cities that have adopted optional powers for police and fire commissions under sec. 62.13(6). Sec. 62.09(8). A mayor presides at common council meetings and votes on matters before the council only in cases of a tie. While the mayor is a member of the council, the mayor is not counted in determining whether a quorum is present at a meeting. In contrast, village presidents are trustees; the president presides at village board meetings but is not considered the chief executive officer of the village. Village presidents do not have veto power and may vote on all measures that come before the board. Village presidents are counted in determining whether a quorum is present at the meeting. Sec. 61.24.

In villages, a majority of the members-elect constitute a quorum of the village board. Wis. Stat. sec. 61.32. The village president, being a trustee is counted in determining whether a quorum is present. In cities, two-thirds of the members of the common council constitute a quorum, except that in cities having not more than five alderpersons a majority constitutes a quorum. Sec. 62.11(3)(b). While the mayor is considered a member of the common council, the mayor is not counted in determining whether a quorum is present at a meeting. Wis. Stat. sec. 62.11(1).

Cities with populations of 4,000 or more must establish a police and fire commission. Sec. 62.13(2). Nothing in the state statutes expressly requires cities to provide police or fire protection services whereas sec. 61.65 (1)(a) requires villages with a population of 5,000 or more to provide police and fire protection services. Villages with a population of 5,000 or more must provide police protection services by creating their own department, contracting for those services with another local governmental entity, or by creating a joint department with a city, town or another village. Sec. 61.65(l)(a). Villages with a population of 5,500 or more must provide fire protection services by any of the three permissible techniques available for the provision of police services or by using a fire company organized under ch. 213. Sec. 61.65(2)(a). Each village with a population of 5,000 or more that creates a joint police department must create a joint board of police commissioners to govern the department. Similarly, each village whose population exceeds 5,500 that creates its own police department or a joint police department with another municipality must create its own or a joint board of police commissioners to govern the department.

Nominations for elected office are generally made by caucus in villages and are always made by nomination papers in cities. Wis. Stat. secs. 8.05(l) and 8.10. If a village board opts to use nomination papers for candidates for village office, the caucus method cannot be used. Sec. 8.05(4).

All cities are required to have an official newspaper and to publish all legal notices, council proceedings and ordinances in it. Wis. Stat. secs. 62.11(4) and 985.06. In villages, no official newspaper is required, although publication in newspapers is required in some instances. Secs. 61.32, 61.50 and 985.05(l). Also, in villages only ordinances that impose a forfeiture or penalty must be published or posted. Sec. 61.50.

The list of statutory officers for cities is somewhat longer than for villages. For example, fire chief and police chief are listed as city officers in Wis. Stat. ch. 62. but they are not listed as village officers in ch. 61. Compare sec. 62.09(1)(b) with sec. 61.19 - 61.29. However, both cities and villages are authorized to create additional offices not listed in the statutes and eliminate offices listed in the statutes. Other statutory city officers that are not mentioned as village officers in Wis. Stat. ch. 61 include comptroller, attorney, engineer, local health officer or local board of health, street commissioner and board of public works. Except for the offices of city attorney and health commissioner, these offices may be eliminated and their duties transferred as provided under sec. 62.09(l)(b).

The extraterritorial zoning and plat approval jurisdiction of first, second and third class cities extends to the unincorporated area within three miles of their corporate limits. Fourth-class cities and villages have extraterritorial zoning and plat approval jurisdiction for only one and one-half miles beyond their corporate boundaries. See secs. 62.23(7a)(a) and 236.02(5).

Cities, but not villages, are expressly authorized by Wis. Stat. sec. 66.0923 to jointly construct or otherwise acquire, equip, operate and maintain a county-city auditorium. Similarly, cities, but not villages, are expressly authorized by sec. 66.0925 to jointly construct or otherwise acquire, equip, operate and maintain a county-city safety building.

Village library boards consist of five members while library boards in cities of the 4th class consist of seven members and library boards in cities of the 2nd or 3rd class consist of nine members. Sec. 43.54(1)(a). Library boards in first class cities consist of 12 members as specified in sec. 43.54(1)(am).